Mobile County must regulate road setback distances, with different setback sizes by highway class, and certain public utility facilities are exempt.
(a) The Mobile County Commission, through the county planning and zoning commission, shall regulate the construction setback from the centerline of any state or county public road or highway located within the jurisdiction of the commission. (b) The provisions of this section do not apply to poles, facilities, structures, water, gas, sewer, electric, telephone, billboards, or utility lines or other facilities of public utilities. (c) The construction setback from any state or county public road or highway shall vary according to the highway functional classifications submitted by the Mobile County Commission and approved by the Federal Highway Administration for Mobile County. (d) The functional classifications and the construction setbacks required for each classification are established as follows: (1) Principal arterials require a 125 foot setback from the centerline of the right-of-way. (2) Minor arterials require a 100 foot setback from the centerline of the right-of-way. (3) Major collectors require a 75 foot setback from the centerline of the right-of-way. (4) Minor collectors require a 50 foot setback from the centerline of the right-of-way. (e) No permanent structure shall be erected or constructed within the designated construction setback. (f) Any landowner or other aggrieved party may appeal any decision made pursuant to this section by filing notice with the planning commission within a reasonable time after the decision. On appeal, the planning commission shall have authority to grant relief as it may deem appropriate to remedy a gross inequity or extreme economic hardship as may be occasioned by strict enforcement of this section or any determination made pursuant to it. From the decision of the planning commission, and within 30 days thereof, any party may appeal the decision to the Circuit Court of Mobile County for trial, de novo. (g) The county may institute an appropriate civil action to prevent an unlawful setback or to otherwise enforce this section. (h) The provisions of this section are supplemental to any laws or any rules, regulations, or ordinances, state or local, relating to the right-of-way and the construction setback along or near any county or state public road or highway outside the corporate limits of a municipality in Mobile County.